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Correctional Case LawCorrectional Case Law

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Criminal ResponsibilityCriminal Responsibility Liable Persons

All persons are liable who commit in the state any crime including,

1. Committing a crime in ______________ 2. Commits a crime of state if committed would be

larceny and is found __________________________ 3. Person being out of state, counsels, procures, aids

or abets _________________________ 4. Person being out of state

___________________________________ 5. Person who commits an act which affects persons

or property within the state

whole or partwhole or part

with any stolen propertywith any stolen property

another to commit a crimeanother to commit a crime

abducts or kidnaps any personabducts or kidnaps any person

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Persons not liable to punishment Persons not liable to punishment may be:may be:

Children under the age of _________ Children between _______ without clear proof

they knew the wrongfulness Made under _____________________ Person committed the act without being

__________________ An act under threats sufficient to show that the

person had reasonable cause to believe ________________________

8 years8 years

8 & 148 & 14

ignorance or mistake of factignorance or mistake of fact

conscious conscious thereofthereof

their lives would be endangertheir lives would be endanger

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PrincipalsPrincipals

Every person concerned in the commission of a crime

Aids or abets in its commission (whether present or absent)

Every person who, directly or indirectly, counsels, encourages, hires, commands, induces or otherwise procures another to commit a crime

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AccessoriesAccessories

After the commission of a crime, conceals or aids such offender with intent that he may avoid or escape from arrest, trial, conviction or punishment, having the knowledge that such offender has committed a felony

Any person who learns, after the fact that a particular individual has committed a crime and thereafter receives, comforts or assists

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LiabilityLiability

Vicarious Liability Something done or suffered by one on behalf of

another

3rd Party Liability When one agency provides training for another

agency, the agency providing the training is liable

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NegligenceNegligence

Four elements of negligenceFour elements of negligence 1. A duty or obligation recognized by the law requiring 1. A duty or obligation recognized by the law requiring

the person to conform to a certain level of conduct for the person to conform to a certain level of conduct for the protection of others against unreasonable risk.the protection of others against unreasonable risk.

2. A failure on the persons part to conform to the 2. A failure on the persons part to conform to the standards requiredstandards required

3. A reasonable close, causal connection between the 3. A reasonable close, causal connection between the conduct and the resulting injuryconduct and the resulting injury

4. Actual loss or damage resulting to the interest of 4. Actual loss or damage resulting to the interest of anotheranother

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Seven Areas of NegligenceSeven Areas of Negligence

1.1. SupervisionSupervision

2.2. DirectionDirection

3.3. TrainingTraining

4.4. RetentionRetention

5.5. HiringHiring

6.6. AssignmentAssignment

7.7. EntrustmentEntrustment

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Constitutional ElementsConstitutional Elements

Bill of RightsBill of Rights The first ten amendments to the ConstitutionThe first ten amendments to the Constitution

First Amendment: freedom of speech, religion and First Amendment: freedom of speech, religion and the right to petition the government for a redress of the right to petition the government for a redress of grievancesgrievances

Fourth Amendment: Fourth Amendment: rights against unreasonable rights against unreasonable searches and seizures searches and seizures

Fifth Amendment: Fifth Amendment: primarily thought of as the right primarily thought of as the right to silenceto silence

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Search WarrantSearch Warrant

Having determined and listed probable Having determined and listed probable cause and those particulars regarding the cause and those particulars regarding the place to be searched and the things to be place to be searched and the things to be seized, the info is presented to a seized, the info is presented to a magistratemagistrate to obtain a warrant.to obtain a warrant.

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Warrant must stateWarrant must state::

Specific persons and items to be seizedSpecific persons and items to be seized IncludingIncluding

full descriptions, colors, characteristics, serial full descriptions, colors, characteristics, serial numbers, model numbers, etc.numbers, model numbers, etc.

The specific The specific ________________ to be searched to be searchedplace (s)place (s)

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Scope of searchScope of search

Systematically, Systematically, __________________chronological chronological order of search and seizure of any itemsorder of search and seizure of any items

Search is Search is ______________ to size or characteristic of to size or characteristic of the object being soughtthe object being sought

Once the Once the ____________________ has been seized, the has been seized, the search is search is __________ Exception would be searching for drugsException would be searching for drugs

____________________ found during the course of a found during the course of a lawful search may be seizedlawful search may be seized

recordingrecording

limitedlimited

specific itemspecific itemoverover

AnythingAnything

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Lawful ArrestLawful Arrest

If probable cause exists to make a lawful If probable cause exists to make a lawful arrest, a search incidental to that arrest arrest, a search incidental to that arrest may be conducted to remove:may be conducted to remove: EvidenceEvidence

Fruits or instruments of crimeFruits or instruments of crime ContrabandContraband WeaponsWeapons Means of escape or suicideMeans of escape or suicide

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Probable CauseProbable Cause

Probable cause must existProbable cause must exist ____________ to making an arrestto making an arrest If the arrest is made to obtain the probable cause needed forIf the arrest is made to obtain the probable cause needed for

the arrest, the arrest isthe arrest, the arrest is _illegal____illegal___ and any evidence and any evidence obtainedobtained may bemay be inadmissibleinadmissible

Extent of incidental search is limited to:Extent of incidental search is limited to: Entire personEntire person Anything in the person’s immediateAnything in the person’s immediate ______________________ Anything inAnything in ______________________________________________ at the time of at the time of

apprehensionapprehension

priorprior

possessionpossession

immediate control or reachimmediate control or reach

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Rules and DoctrinesRules and Doctrines

Exclusionary RuleExclusionary Rule Any evidence obtained through illegal means may be Any evidence obtained through illegal means may be

inadmissibleinadmissible Fruit of the poisonous treeFruit of the poisonous tree

Any evidence obtained as a result of an initial illegal Any evidence obtained as a result of an initial illegal act/search may be inadmissibleact/search may be inadmissible

Plain ViewPlain View Any evidence that is in plain view of an officer from Any evidence that is in plain view of an officer from

where he/she legally stands is probable causewhere he/she legally stands is probable cause Good FaithGood Faith

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Fifth AmendmentFifth Amendment

The right against self-incriminationThe right against self-incrimination

Shall not be deprived of:Shall not be deprived of: life, liberty, or property, without due process of life, liberty, or property, without due process of

lawlaw

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Miranda vs Arizona 1966Miranda vs Arizona 1966

Resulted in the precedence to advise accused Resulted in the precedence to advise accused persons of the rights against self-incrimination persons of the rights against self-incrimination and to counseland to counsel

Any information obtained through questioning a Any information obtained through questioning a subject without advisement of the right to remain subject without advisement of the right to remain silent may be inadmissiblesilent may be inadmissible

Coercion, trickery, or other unorthodox means of Coercion, trickery, or other unorthodox means of extracting information from a suspect may be a extracting information from a suspect may be a violation of Fifth Amendment rightsviolation of Fifth Amendment rights

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Billings vs Vernal, Utah 1983Billings vs Vernal, Utah 1983

Negligent DirectionNegligent Direction Negligent TrainingNegligent Training

Police department hired an officer and put him on the Police department hired an officer and put him on the street. The officer was on the street for a year and street. The officer was on the street for a year and never had any formal training. The officer was accused never had any formal training. The officer was accused of police brutality and he said he had never been of police brutality and he said he had never been trained; therefore, he could not be held responsible. trained; therefore, he could not be held responsible. The courts agreed.The courts agreed.

The Chief of Police was ordered to pay $50,000 in punitive The Chief of Police was ordered to pay $50,000 in punitive damagesdamages

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Whitley vs Warden, 1971Whitley vs Warden, 1971

Negligent DirectionNegligent Direction Negligent TrainingNegligent Training

Officer Warden presented information for a Officer Warden presented information for a search warrant and was given the warrant. search warrant and was given the warrant. When it went to court, the information used in When it went to court, the information used in the warrant was not documented and, the warrant was not documented and, therefore, the warrant was inadmissible.therefore, the warrant was inadmissible.

If it is not documented it did not happenIf it is not documented it did not happen

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Warning includesWarning includes::

Right to remain silentRight to remain silent Any statement can and will be used against Any statement can and will be used against

subject in a court of lawsubject in a court of law Right to consult with an attorney prior to Right to consult with an attorney prior to

questioningquestioning May terminate questioning at any time for May terminate questioning at any time for

any reasonany reason

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Exceptions to Fifth AmendmentExceptions to Fifth Amendment

Spontaneous utteranceSpontaneous utterance Unsolicited impulsive statement or excuse of Unsolicited impulsive statement or excuse of

action made by a suspect upon apprehension, action made by a suspect upon apprehension, during transportation, etc.during transportation, etc.

Admissible as evidenceAdmissible as evidence No longer spontaneous if the suspect is asked No longer spontaneous if the suspect is asked

questions or to repeat a previous statementquestions or to repeat a previous statement

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Exceptions continuedExceptions continued

Public safetyPublic safety During apprehension, it was noticed that the During apprehension, it was noticed that the

suspect was wearing an empty holster and was suspect was wearing an empty holster and was asked where the gun was.asked where the gun was.

When expected response would be non-When expected response would be non-incriminatoryincriminatory

Non-custodialNon-custodial

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ReviewReview

Liable PersonsLiable Persons PrincipalsPrincipals AccessoriesAccessories Bill of RightsBill of Rights 11stst Amendment Amendment Probable CauseProbable Cause SearchesSearches Fifth AmendmentFifth Amendment